Legal Question in Bankruptcy in Maryland

If a tenant's lease has not terminated when a Chapter 7 or Chapter 11 bankruptcy is filed, then the tenant must assume or reject the lease within 60 days of filing bankruptcy. Before the 60 days are up, the tenant may make a motion to the court asking for an extension of the 60-day period. The landlord must be told what date the 60-day period expires. I have not heard anything and it has almost been 60 days....Can I call the Bankrupt court or the Trustee to get any status on the lease? Do you know who I can call in the State of Maryland?

If I want to lift the Automatic Stay, Can you tell me the legal procedures?


Asked on 7/22/11, 7:19 pm

2 Answer from Attorneys
Daniel Press Chung & Press, P.C.

You really need to consult with a lawyer. I have answered the other question multiple times. As for calling the court, you can look at the docket online (you need to get a pacer account, but they won't bill you unless you use it more than a single case would require).

As for the procedure, you prepare and file a motion that has to make certain allegations required by the bankruptcy code, and provide certain information required by the rules. You set it for hearing on a date selected from the available dates that the assigned judge is conducting lift stay hearings. You pay a filing fee of $150, and you need to properly serve it. The other side can respond, and then you have a hearing. After the hearing, if relief is granted, the stay remains in effect for 14 more days to allow for appeals. Given your timeline, it probably does not make sense to file - just wait for the stay to expire.

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Answered on 7/22/11, 7:30 pm


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